Looking for advice about a buyer on Gumtree demanding a refund

LazyLion

King of de Jungle
Joined
Mar 17, 2005
Messages
103,290
Tell them to get lost. the sale was Voetstoets. The chances of them taking you to Small claims Court are very remote. We both know they screwed it up.
 

lunch

Senior Member
Joined
Sep 6, 2007
Messages
587
Did you meet them in person? Sounds like it might (possibly) be a scam of some sort based on some of the oddities you mentioned.
 

Zoopy

Banned
Joined
Jul 20, 2016
Messages
1,457
They had it for two days. It was more than enough time to test it and get back to you in case it didn't work. I wouldn't sweat it too much. Tell them they should have contacted you earlier and not lugged the thing around for untrained people to look at.

They sound like gham, and because stuff like this always happens I refuse to sell anything second-hand to gham. They always get buyer's remorse and then want to mess you around.
 

Thor

Honorary Master
Joined
Jun 5, 2014
Messages
40,679
Nope tell them to get lost. Sounds like a scam too.

Best be sure they don't know where you live.
 

inthemiddle

Member
Joined
Apr 28, 2017
Messages
21
My mom met them in person, gave them the machine and got the cash. They don't know where we live. My mom was in my car, I don't know if they took the registration. They have my mom's phone number. She's willing to change her number despite all the inconvenience involved, but if she can be tracked through her phone number then it's a problem.

The cop told us it doesn't matter if it was sold "voetstoots" because of the consumer protection act, they can still go to small claims. At the moment everyone here is freaking out and plans to meet with them tomorrow because they'd rather just make the whole thing go away. These people seem a bit crazy though so we really don't know what they could do - if they can do something with the phone number or if they see us in public.
 

Pho3nix

The Legend
Joined
Jul 31, 2009
Messages
28,319
My mom met them in person, gave them the machine and got the cash. They don't know where we live. My mom was in my car, I don't know if they took the registration. They have my mom's phone number. She's willing to change her number despite all the inconvenience involved, but if she can be tracked through her phone number then it's a problem.

The cop told us it doesn't matter if it was sold "voetstoots" because of the consumer protection act, they can still go to small claims. At the moment everyone here is freaking out and plans to meet with them tomorrow because they'd rather just make the whole thing go away. These people seem a bit crazy though so we really don't know what they could do - if they can do something with the phone number or if they see us in public.

CPA and private sale don't mix. Block the number and move on with your life
 

Johnatan56

Honorary Master
Joined
Aug 23, 2013
Messages
27,854
Well googling the matter:
The CPA would protect a buyer who buys a car from a dealer. However, a private sale of property is not a transaction which falls within the ambit of the CPA, as you were not acting within the ordinary course of your business, and therefore the common law position applies.

A ‘transaction’ in terms of the CPA refers to agreements concluded in the ordinary course of business by a supplier and a consumer.
http://www.bregmans.co.za/voetstoots-and-the-private-seller-what-are-your-rights/
and
Then there are private sales. Every week I get a handful of emails from people who’ve bought goods after responding to a classified advert, not realising they’ve bought “voetstoets”, because private sales are not covered by the act.
http://www.iol.co.za/business-report/opinion/the-hazards-of-private-sales-1553981
 

AlphaJohn

Executive Member
Joined
Sep 10, 2012
Messages
7,731
Best advice seeing that they agreed to meet, make the meeting place the Police station.
 

wizardofid

Executive Member
Joined
Jul 25, 2007
Messages
7,152
Unfortunately my mom and grandfather are paranoid and have agreed to meet them tomorrow.

Doesn't matter stand your ground tell them them not to go, meeting them makes things worse, simply phone them and tell them no item sold as is, no longer your problem, further calls will result in a harassment case being opened against them additional will seek a restraining order.

By meeting them, any thing said in that meeting can be used against them, it's a R1000.00, it's not criminal it civil action if any is taken so even if they insist in small claims court you either end up paying the R1000.00 or nothing at all. Some might say it's not worth it.

However your mom is completely in the right, as long as she doesn't agree to any thing.Straight up tell them there is nothing to be afraid of should it end in small claims.

Please don't go to that meeting, phone the people and tell them you are taking over and the item is sold as is, no longer your problem deal with it any way they see fit, going to that meeting will screw your mom over period, just don't do it period, and no it's not too late to cancel the meeting...
 

AlphaJohn

Executive Member
Joined
Sep 10, 2012
Messages
7,731
Doesn't matter stand your ground tell them them not to go, meeting them makes things worse, simply phone them and tell them no item sold as is, no longer your problem, further calls will result in a harassment case being opened against them additional will seek a restraining order.

By meeting them, any thing said in that meeting can be used against them, it's a R1000.00, it's not criminal it civil action if any is taken so even if they insist in small claims court you either end up paying the R1000.00 or nothing at all. Some might say it's not worth it.

However your mom is completely in the right, as long as she doesn't agree to any thing.Straight up tell them there is nothing to be afraid of should it end in small claims.

Please don't go to that meeting, phone the people and tell them you are taking over and the item is sold as is, no longer your problem deal with it any way they see fit, going to that meeting will screw your mom over period, just don't do it period, and no it's not too late to cancel the meeting...

^ Even better
 

inthemiddle

Member
Joined
Apr 28, 2017
Messages
21
I'm trying to convince them not to go. At the moment my mom is planning on telling them in the morning that she can't make it. Can't seem to convince her to let the whole thing go though. I'm thinking we should try phoning a lawyer for advice. She does not want to go to court under any circumstances and that's why she would rather just refund them. Is there any chance of them actually filing a case and identifying her using her phone number?
 

inthemiddle

Member
Joined
Apr 28, 2017
Messages
21
Did they mention what is actually wrong with the machine? Have any of you spoken to them over the phone?

My mom met her in person and spoke with her on the phone. I've found her on facebook. She said the sensor where the cup goes) isn't working. Why she took it to Checkers I have no idea. According to the internet the machine doesn't take capsules, only a cartridge, and before she bought it she asked if it takes all the capsules, so maybe it's just the wrong thing.
 
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